# First Baptist Church of Lake Arthur v. Fontenot

> Louisiana Court of Appeal · February 3, 1999 · 98 La.App. 3 Cir. 1158

URL: https://www.frixlaw.com/law-library/cases/7723198

## Case

- **Full name:** FIRST BAPTIST CHURCH OF LAKE ARTHUR, Plaintiff—Appellee v. Carolyn FONTENOT, Defendant—Appellant
- **Court:** Louisiana Court of Appeal
- **Decided:** February 3, 1999
- **Citations:** 98 La.App. 3 Cir. 1158; 736 So. 2d 230; 1999 La. App. LEXIS 200; 1999 WL 44858
- **Precedential status:** Published
- **Opinion:** Concurrence by Ithibodeaux
- **Judges:** Amy, Ithibodeaux, Sullivan, Thibodeaux
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7723198

## Opinion text

1 iTHIBODEAUX, J.,
concurring.
While I agree with the underlying rationale and the conclusions reached by the majority, I add these special concurring remarks on the issue of penalties and attorney fees. Separate penalties and attorney fees should be awarded for each statutory violation, that is, the termination of benefits from May through December 1997 and the wrongful payment of benefits on a monthly rather than weekly basis. These are two separate, distinct, and independent claims. Louisiana Revised Statutes 23:1201(F) provides for a mandatory assessment of a penalty and attorney fees “for each disputed claim.” I, therefore, would award penalties in the amount of $4,000.00 and attorney fees of $5,000.00 on each claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7723198. Public record. Not legal advice.